When you claim a copyright and charge a lot of money to licence something you don't own there has to be consequences, that looks like whats about to occur to Warner/Chappell's empire should this new evidence be accepted by a Judge.

It's been two years since filmmakers making a documentary about the song "Happy Birthday" filed a lawsuit claiming that the song shouldn't be under copyright. Now, they have filed what they say is "proverbial smoking-gun evidence" that should cause the judge to rule in their favor.

The "smoking gun" is a 1927 version of the "Happy Birthday" lyrics, predating Warner/Chappell's 1935 copyright by eight years. That 1927 songbook, along with other versions located through the plaintiffs' investigations, "conclusively prove that any copyright that may have existed for the song itself... expired decades ago."

If the filmmakers' lawyers are right, it could mean a quick route to victory in a lawsuit that's been both slow-moving and closely watched by copyright reform advocates. Warner/Chappell has built a licensing empire based on "Happy Birthday," which in 1996 was pulling in more than $2 million per year.

Lets hope that this matter is settled once and for all and folks whom have been defrauded are refunded any payments made across the decades, stealing other folks works is just wrong we are always hearing so lets see if that is still the case when those doing the stealing are RIAA members.